Common use of Not Ineligible Issuer Clause in Contracts

Not Ineligible Issuer. (i) At the earliest time after the filing of the Registration Statement relating to the Securities that any Transaction Entity or another offering participant made a bona fide offer (within the meaning of Rule 164(h)(2) of the Securities Act), and (ii) as of the date of the execution and delivery of this Agreement (with such date being used as the determination date for purposes of this clause (ii)), each Transaction Entity was not and is not an Ineligible Issuer (as defined in Rule 405 of the Securities Act), without taking account of any determination by the Commission pursuant to Rule 405 of the Securities Act that it is not necessary that each Transaction Entity be considered an Ineligible Issuer.